Can we go for quashing of fir or quashing of chargesheet ?
Querist :
Anonymous
(Querist) 06 March 2018
This query is : Resolved
My sister-in-law comitted a suicide in sept 2017.and their family put a case against my brother(husband), me and my mother.myself and my mother got AB bail from high court mumbai and session court,nashik resp.brother got bail after 2 months.chargesheet is made in nov 2017. case is not moved to session court still.my brother and sister in law married in nov 2013.she is very aggressive and has depressed due to 2 time miscarrage due to her mistake.my brother gives lots of facility and love but she is very traditional and superstitious.his mother and grandmother pressurize her for baby.my brother gives him paithani store and sbi life insurance agent also.myself workign in BOM from june 2013 and from june 2013 to today i m wokring i have rarely visit home to meet my mother.my mother is pensioner of Rs 23000/-.my self got 45000/- and my brother is loun counelor got 40000/-.they lodge compliant againmst me that i bit her ,my mother talk vulger and my brother also bit and also ask for dowry .they dont have single evidence bcoz all are false.i have all evidences like my appoint order.muster copies and training letter, flat possesion order and all.my brother also have all evidences like paithani store reg,lic agent appoint letter, flat possesion letter,all photographes.my mother also have pensioner passbook update,prpoerty documents and all.all medical history and miscarrage and all medical bills and all of my sister in law .please guide me i am in big trouble.i am in very prosepctus bank.please guide as early as possible.
Vijay Raj Mahajan
(Expert) 06 March 2018
Quashing petition for the FIR/chargesheet will not succeed unless you have very strong evidence to reburt the charge levied against you and which are very much exists on record of the case file.
The matter being serious in nature, High Court doesn't encourage quashing and insisted for complete proceedings till the end.
If it was matrimonial dispute between both and charges u/s 498a IPC were levied, a compromise between both would have resulted in quashing. In this case wife is not alive rather committed suicide, presumptions against husband and other relatives exists that court goes by in such case.
Querist :
Anonymous
(Querist) 06 March 2018
What strong evidences we have to produce to quash the chargesheet plese tell.i have all the pevidences like my appointment order,muster copies,all passbook updation ofmy brother ,and brother also.they have lodge the compliant agianst us only due to anger.they dont have single copy of evidence bcoz nothing happend from us.
Vijay Raj Mahajan
(Expert) 06 March 2018
Without actually studying the complete case file including all evidence you got in your defense nothing can be advised here in this forum.
Physical study of case file required and not just few points being mentioned here by you.
You're not even disclosing your correct identity here.
Querist :
Anonymous
(Querist) 06 March 2018
i am the brother of her husband .if quashing is not possible then what are the other legal options available to me to reduce the hectic bcoz framing of charges is not done yet.defence evidence like they have mentioned that my self bit her but my self working in bank 6 months before her marrage to my brother far place about 100 km from out place.after 1yr from their marrage i have pur own home .i have all documents like possesion letter,agreement copy.light bills, sale deed.my appointmnet order,confirmation order,promotion paper halltikcets everything.and they have mentioned that we demand dowry but their family position is very poor.how can we demand and they have not mentioned how money demand,.we have property documents of all i,e my flat,my brothers flat and my mothers flat.they have mentioned general allegation like bit,money demand.but they have not mentioned specific allegation to individual.so please guide. bcoz they want to ruin my life bcoz i am govt servant .bocz they have loged compliant i nager only.they are illetrare.
Vijay Raj Mahajan
(Expert) 06 March 2018
They are very poor and illiterate, these two things can solve your problem if you satisfy them to back track their statement in the court about charging you all on wrong allegations although the death of the wife was purely incidental and because of her own wrong decision and no abetment from anyone of you, they made these allegations against you all in anger otherwise they know none of you is to be blamed for this tragedy.
Now your next question will be how this can be worked out?
My reply: you engaged a lawyer whom you paid fee and you're looking free answer here from expert as if experts are fools. Hope you understand this now.
Querist :
Anonymous
(Querist) 06 March 2018
i m sorry for that but please provide good lwayers for quashing in mumbai with your consert then we will decide .we already appointed lawyer at session court.for quashing we want best lawyer in high court mumbai.please tell fee also.
Kumar Doab
(Expert) 06 March 2018
If you have irrefutable evidences then trust your own very able senior LOCAL counsel of unshakable repute and integrity specializing in criminal matters , having successful track record ….and worth his/her salt…that has helped you with AB in sessions court and HC….and is well versed with facts of the matter…
For 2nd opinion if you desire approach very able senior LOCAL counsel of unshakable repute and integrity specializing in criminal matters , having successful track record ….and worth his/her salt…
You can get counsels par excellence at Nashik jurisdictional HC..
Kumar Doab
(Expert) 06 March 2018
Your own counsel can help you with references...
Avoid asking FEE at online portals....
Why don't you go thru the decided cases at HC is similar matters..............and chose.
This is the best you can do....to approach a very able senior LOCAL counsel/Law Firm of unshakable repute and integrity specializing in such/criminal matters and having successful track record..........and worth his/her salt...
There are endless number of threads at LCI also by unsuspecting querists that have been fleeced at online portals and refund of fee was refused and clients were threatened................including clients that have been allured and fleeced by posors, impersonators posing as Lawyers ( LIAR's) and flouting unknown firms at Law Firms ( LIAR's Firms) ...................
Find some time and make you own efforts to find....and chose the best and to negotiate FEE and T&C if any...........
Querist :
Anonymous
(Querist) 07 March 2018
but many people tells that quashing is not sucessful so we can take extra risk for quashing in high court to avoid extra time taking procedure of session court.We have all evidences of mine,brother and mother also so if quashing is done of mine or mother then only case is take place on with brother in session court.so shall we take extra risk for quashing or if quashing is not done then that will affect our case at session court.please tell
Guest
(Expert) 07 March 2018
You could apply for quashing in concerned High Court with Valid Grounds along with an Application for stay in further Proceedings. Discuss with an Advocate with all details.
Querist :
Anonymous
(Querist) 10 September 2018
suppose in same case the complaint cant attend the dates or trail or doesnt provide evidences ? then what will be the our course of action because they dont have any proof becasuse nothing is happen.
